Appeal No. 1996-3281 Application 07/895,467 We have made no determination as to the patentability of claims dependent from claims 1, 16 and 33 on the above recited grounds. The Examiner’s decision rejecting claims 1 through 10, 16 through 25 and 31 through 33 under 35 U.S.C. § 103 is reversed. A new ground of rejection of claims 1, 16 and 33 under 35 U.S.C. § 103 is entered under 37 CFR § 1.196(b). Any request for reconsideration or modification of this decision by the Board of Patent Appeals and Interferences based upon the same record must be filed within one month from the date hereof (37 CFR § 1.197). With respect to the new rejection under 37 CFR § 1.196(b), should Appellant elect the alternate option under that rule to prosecute further before the Primary Examiner by way of amendment or showing of facts, or both, not previously of record, a shortened statutory period for making such response is hereby set to expire two months from the date of this decision. No time period for taking any subsequent action in connection with this appeal may be extended under 37 CFR 11Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007